Section 1(b), Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services NOTE: More than one basis may be selected, but do NOT claim both Sections1(a) and 1(b) for the identical goods/services in one application. If claiming a Section 1(a) basis, it is NOT necessary or appropriate also to claim a Section 1(b) basis for the same goods/services, simply to indicate an intent to continue using the mark for those goods/services - the Section 1(a) basis covers this.

For Section 1(a) applicants already using the mark in commerce, the applicant is required to attach or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

The submitted specimen MUST show the mark as actually used in commerce. Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods. Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services.

NOTE: For attachment, the proposed specimen(s) already must be on your local drive. A specimen should NOT be: (1) the same file used in the mark section; or (2) a newly-created file that shows only the mark by itself. (Reminder: Within the earlier mark section, if you attached an image file for a stylized/design mark or a sound/motion file, you must ensure that it only shows the mark by itself, and does not display anything that would not truly be considered part of the actual mark, e.g., a scan of a complete business card would not be an acceptable mark image, although it may be an acceptable specimen).